Office of Collective Bargaining > Labor Agreements > District 1199 > District 1199 Contract Table of Contents >

ARTICLE 6 - NON-DISCRIMINATION


This is a labor agreement with annotations by the Office of Collective Bargaining.

PLEASE NOTE:
Language that is in bold typeface and underlined was added with this Agreement.

Language that is struckthrough was removed with this Agreement.
Language in Italics are annotations added by the Office of Collective Bargaining.

The language in this Article continues unchanged from the previous Agreement except for minor housekeeping changes.

6.01  Non Discrimination

Neither the Employer nor the Union shall unlawfully discriminate against any employee of the bargaining units on the basis of race, sex, creed, color, religion, age, national origin, political affiliation, union affiliation and activity, handicap or sexual orientation, or discriminate in the application or interpretation of the provisions of this Agreement, except those positions which are necessarily exempted by bona fide occupational qualifications due to the uniqueness of the job, and in compliance with the existing laws of the United States, the State of Ohio, or Executive Orders of the State of Ohio.  In addition, the Employer shall comply with all the requirements of the federal Americans with Disabilities Act and the regulations promulgated under that Act.

The Employer and Union hereby state a mutual commitment to equal employment opportunity, as regards in regards to job opportunities within the agencies covered by this Agreement.

Explanation:

No changes in language other than housekeeping.  This language is consistent with the OCSEA agreement.

Attention:

Agency Directors; Agency Labor Relations, Personnel, Human Resources and Legal Divisions.

6.02 Agreement Rights

No employee shall be discriminated against, intimidated, restrained, harassed, or coerced in the exercise of rights granted by this Agreement.

Arbitration Awards:
OCB #1084

Arbitrator Bowers; Grievant John Parks; Dept. of Health, 10/15/95.  Arbitrator Bowers stated that the parties have had ample opportunity to agree upon explicit language which identifies those specific persons whose demise entitles employees to receive the benefit of bereavement leave.  Further, there are no provisions either in the law or in the Agreement which identify or pertain to “in-law equivalents”.  It is clear that the parent of a domestic partner, regardless of the sexual orientation of the employee, is not covered by Article 14 of the Agreement.  Therefore, there was no violation of Articles 6 or 14.

OCB #1502

Arbitrator David Pincus; Grievant Jason Puster; DR&C, 06/11/01.  Arbitrator Pincus upheld an Adult Parole Authority (APA) rule allowing Parole Officers to work off-duty for local law enforcement only in unpaid positions or in duties that do not conflict with Parole Officer duties.  The guidelines were found to be reasonably related to the orderly, efficient, and safe operation of the APA, and were not implemented arbitrarily or capriciously.




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